Trinity barrister Sarah Ismail recently represented a Teacher Development Policy and Delivery Senior Advisor at a nine-day hearing in the Central London Employment Tribunal.
The Claimant brought claims of failure to make reasonable adjustments, unfavourable treatment because of something arising in consequence of disability and disability related harassment. The Claimant relied on four hidden disabilities. The Respondent denied that it had knowledge of those disabilities.
The Claimant did not feel safe at work and did not wish to attend until the situation had been addressed. She specifically requested that the Respondent move her to a different team. She also claimed that she ought to receive disability leave during this period of absence, as she was awaiting the implementation of a reasonable adjustment.
Additionally, the Claimant relied on two Teams messages received via a Subject Access Request for her harassment claims. Ms Ismail argued that the content of those messages (exchanged by members of senior management and HR) amounted to unwanted conduct related to disability and were demonstrative of their dismissive attitude towards the Claimant and her disabilities.
The Tribunal found that the Respondent had the requisite knowledge and that the Respondent failed to make the reasonable adjustments identified by the Claimant.
The Tribunal also agreed that the Teams messages were related to the Claimant’s disabilities and that they made her feel that this was indicative of the environment she faced at work where her conditions were not being accommodated.
Sarah Ismail is an employment and discrimination barrister at Trinity Chambers and was instructed by James Cooper of Thompsons.